In re Estate of Wagner

880 A.2d 620, 584 Pa. 49, 2005 Pa. LEXIS 1768
CourtSupreme Court of Pennsylvania
DecidedAugust 17, 2005
StatusPublished
Cited by4 cases

This text of 880 A.2d 620 (In re Estate of Wagner) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Wagner, 880 A.2d 620, 584 Pa. 49, 2005 Pa. LEXIS 1768 (Pa. 2005).

Opinions

OPINION

Justice EAKIN.

This Court granted review to determine whether the Commonwealth Court erred in holding appellees, administrators of the Estate of Andrew Jonathan Wagner, could subpoena from the Department of Public Welfare (DPW), a copy of a performance audit generated by DPW’s investigation into the death of 14-month-old Andrew Jonathan Wagner. We hold such document is a statutorily-defined performance audit and beyond the scope of discovery by the administrators; accordingly, we reverse.

On February 18, 1999, decedent sustained fatal injuries while in the care of a babysitter.1 Appellant, Lehigh County Office of Children and Youth Services (CYS), had previously investigated the babysitter in connection with alleged abuse involving other children under her care. As suggested by 23 Pa.C.S. § 6343(b),2 decedent’s death prompted DPW to conduct a performance audit of Lehigh CYS to determine whether it had complied with the Child Protective Services Law (CPSL), 23 Pa.C.S. §§ 6300-6385, when handling the prior allegations of abuse, and to identify ways to improve its monitoring system. Essentially, DPW sought to determine whether changes should be made to CYS’s policies and procedures, to help prevent future tragedies.

As part of this audit, commonly referred to as a “child death review,” DPW reviewed CYS’s records, including relevant medical records, and interviewed agency staff, decedent’s parents, the babysitter, and the parents of at least one other child who had previously been in the babysitter’s care. DPW sent its findings and recommendations to Lehigh County’s county executive. The county executive distributed the review to other individuals within the county who were responsible for preparing a “plan of correction.” When [622]*622completed, that plan was submitted to DPW.

Sometime thereafter, the administrators filed a petition for issuance of a subpoena duces tecum to the regional director of the Pennsylvania Office of Children and Youth Services. The estate sought pre-complaint discovery from DPW, to assist in determining whether they had a claim against CYS or any other public agencies. Specifically, the administrators sought a subpoena requiring DPW to produce all “notes, records, reports and/or correspondence prepared and compiled by [CYS] in connection with [DPW’s] reviews of [CYS’s] procedures in the child abuse investigations of [the babysitter].” Petition for Issuance of Subpoena Duces Tecum, 11/13/00, at 2. DPW asserted that the child death review was confidential under the CPSL, see 23 Pa.C.S. § 6339 (designating certain child protective services information as confidential), and that the administrators were not among the individuals to whom such confidential information could be released. See id., § 6340 (pertaining to release of confidential information).

On January 22, 2001, the trial court conducted hearing; the only witness was Len Pocius, Director of DPW’s Northeast Region. Following the hearing, the court found the child death review was a confidential report under § 6339 of the CPSL, but the administrators were nevertheless entitled to a copy pursuant to § 6340(b), which permits “subjects of’ confidential reports to obtain copies. See id., § 6340(b). The court ordered DPW to produce the review, although it permitted the agency to redact the identities of people who reported suspected child abuse or cooperated with the audit.

On appeal, the Commonwealth Court affirmed. In re Estate of Wagner, 791 A.2d 444 (Pa.Cmwlth.2002). Unlike the trial court, the Commonwealth Court concluded the child death review was not a “report” within the meaning of § 6339. It explained that reading § 6339 in conjunction with other portions of the CPSL, it was apparent the General Assembly intended the term “reports” as used in § 6339 to “refer to reports of suspected or confirmed child abuse made under the [CPSL,]” including those specifically defined in § 6303, namely, “ ‘founded report,’ ‘founded report for school employee,’ ‘indicated report,’ ‘indicated report for school employees’ and ‘unfounded report.’ ” Id., at 447 (citing 23 Pa.C.S. § 6303). Accordingly, the Commonwealth Court determined the child death review was not entitled to the blanket confidentiality afforded to “reports” pursuant to § 6339. Id.

The court noted, however, that aside from “reports,” § 6339 also designates as confidential “any other information obtained ... or photographs or X-rays taken concerning alleged instances of child abuse.” Id., at 448 (quoting 23 Pa.C.S. § 6339) (internal quotations omitted). It held that the child death review, although “not a report made within the meaning of Section 6339 [of the CPSL],” id., at 447, was confidential “to the extent that it contains any information or other material obtained by Lehigh CYS concerning alleged instances of suspected or confirmed child abuse.” Id., at 448. However, the court also held that insofar as such information pertained to the abuse of decedent, the administrators qualified as “subjectfs] of a report,” because they are the “parents], guardian[s] or other person[s] responsible for the welfare of a child ... named in a report,” 23 Pa.C.S. § 6303(a), and were therefore entitled under § 6340(b) of the CPSL to obtain that information. In re Estate of Wagner, at 448.

Basically, the Commonwealth Court reasoned that since a “subject of a report” is entitled to this information anyway, as pro[623]*623vided in § 6303(a), the administrators could discover those portions of the review containing this information — only those portions which were explicitly shielded in other parts of the CPSL were prohibited from discovery. In addition, the court stated the General Assembly did not intend “to create a privilege to protect the disclosures of DPW or local agency workers about their job performance and the job performances of their colleagues.” Id. It ordered DPW to produce those portions of the review that pertained to CYS’s handling of decedent’s case, without discussing any other child abuse case, as well as any portions of the review “that derive[d] from” reports of suspected or confirmed child abuse that mentioned decedent or his parents. Id. Further, like the trial court, the Commonwealth Court permitted DPW to redact the identities of persons who had reported abuse or cooperated with the audit. See id., at 449.

CYS and DPW sought this Court’s review, arguing the Commonwealth Court erred in requiring DPW to produce any portions of the child death review — particularly the self-assessments and performance critiques — when § 6339 of the CPSL dictates that the entire audit is confidential and not subject to disclosure. We hold child death reviews are what the General Assembly has designated them: intergovernmental performance audits, not reports pursuant to § 6339, and are available to only those authorized in § 6343(b). Additionally, we reject this piecemeal discovery approach to these audits and conclude pub-he policy requires the entire child review be protected.

As questions of statutory interpretation are questions of law, this Court’s review is plenary. Gustine Uniontown Assocs., Ltd. v. Anthony Crane Rental, Inc., 577 Pa. 14, 842 A.2d 334, 343 (2004).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

C.S. v. PA DHS, Bureau of Hearings and Appeals
184 A.3d 600 (Commonwealth Court of Pennsylvania, 2018)
Kelley, M. v. Pittman, L.
150 A.3d 59 (Superior Court of Pennsylvania, 2016)
Colacicco v. Apotex, Inc.
432 F. Supp. 2d 514 (E.D. Pennsylvania, 2006)
Leskin v. Christman
78 Pa. D. & C.4th 152 (Carbon County Court of Common Pleas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
880 A.2d 620, 584 Pa. 49, 2005 Pa. LEXIS 1768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-wagner-pa-2005.